Sexual Offenses

Societal views on sexual behavior and sex offenses

Subject fraught with moral code, criminal statues, taboos, normal expectations, religious injunction, and myths.

United state standing with sex offenders

Little tolerance, and do not often distinguish between different types of sexual offenders

How the class of sexual offenders differ from the way society views them

Sex offenders vary widely in the frequency and type of sexual activity which they engage.

N.Y. Penal Law of Section 130.00: Sex Offenses

This section defines various sexual offenses and outlines the legal consequences for committing such acts, including classifications of crimes related to sexual conduct.

130.00 Sexual Offenses type 1. “Vaginal Sexual Contact” (def.)

Conduct between persons consisting of constant between the penis, vagina, or vulva. Penetration unnecessary.

130.00 Sexual Offenses type 2(a) “Oral Sexual Contact” (def.)

Conduct between persons consisting of contact between mouth and penis, mouth and the anus, or mouth and vulva or vagina.

130.00 Sexual Offenses type 2b: Anal sexual contact (def.)

Conduct between persons consistent of contact between the penis and anus.

130.00 Sex Offenses type 3: Sexual contact (def.)

Any touching of the sexual or other intimate parts of a persons for the purpose of gratifying sexual desire of either party

130.00 Sex Offenses type 4: Married (def.)

The existence of the relationship between the actor and victims as spouses which is recognized by law at the time actor commits an offense (1-8) against victim.

130.00 Sex Offenses type 5: Mentally Disabled (def.)

That a person suffers from a mental disease or defect which render them incapable of appraising the nature of the conduct.

130.00 Sex Offenses type 6: Mentally Incapacitated

That a person is rendered temporarily incapable of appraising or controlling their conduct owing to the influence of a narcotic or intoxicating substance administered without consent, or any other act committed upon them without consent

130.00 Sex Offenses type 7: Physically helpless

That a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act

130.00 Sex Offenses type 8: Forcible compulsion (def.)

Compel by either physical force, threats (weapon, expression, implied, display of weapon, etc.)

130.05 Sex Offenses: Lack of consent (def.)

Element of every offense that the sexual act was committed under without consent of the victim

Lack of Consent results from

Forcible Compulsion, Incapacity to consent.

Forcible Compulsion (def.)

physical force, or threat - express or implied - which places person in fear or death injury, or kidnap

Incapacity to consent include:

Under 17, mentally disabled, mentally incapacitated, physically helpless, committed to custody of prison, hospital etc.

130.20 Sexual Misconduct (def.)

Forcible Rape (def)

The actor engages in sexual acts by force or threat of force (forcible compulsion)

Statutory Rape (def.)

Without force, actor engages in sexual act with a person deemed incapable to sent because of their less than the age of consent. (Less than 17)

Rape by Fraud (def.)

The actor engages in sexual acts with a “consenting” adult under fraudulent conditions

Marital Rape changes throughout time

In 1970 it was not illegal to rape one’s spouse but since 1993 it has been legalized

Date (or Acquaintance) Rape

Sexual assault that occurs within the context of a traditional dating relationship to relationships fitting current patterns of dating (online)

Statistics of gender of sex victims

9/10 are females

Statistics of offenders of sex offenses

Most are intimate partners and not strangers

Causation of Sexual offending

Influenced by multiple interactive factors including general learning theories (reinforcement, conditioning etc.)

Sexual immaturity Hypothesis

A theory suggesting that certain sexual offenses are linked to an individual's underdeveloped sexual maturity or understanding, potentially influencing their behavior.

Attitudes toward rape, sex, and women

Offenders truly believe force and coercion are legitimate ways to gain compliance in sexual relationships, expresses greater hostility towards women, believe men are dominant while women the opposite, and are highly sexually aroused of nonsexual aggression

Pornography relationship with causation of rape and sexual assault

Little support for a direct link

Myths on causation of rape include:

Uncontrollable impulses/urges, Mental illness or disease, Momentary loss of control by unusual circumstances, and Victim instigation

Admirers of causation of rape (myth)

Offenders confirm the account of crime but report and blame use of alcohol or drugs with emotional problems for act.

Deniers, of causation of crime

Offenders who account differ significantly, primarily blaming victim by stating either victims seduced them or victim had not resisted enough

Major Categories of Sexual Assault Patterns

1. Displaced Aggression/Anger

2. Sexual Gratification (Non-Sadistic)

3. Sexual Aggression (Sadistic)

4. Opportunistic Rapist

Displaced Aggression/Anger Type (def.)

Use act of rape to harm, humiliate and degrade the victim

Prime motive behind a Displaced Aggression/Anger Type

Sex is merely a vehicle for hurting, and degrading the victim

Characteristics of an displaced Aggression/Anger Type

Violent, aggressive, victims suffer severe physical injures, victims is often a stranger usually after an incident that upset or angered the rapist particularly on women and their behavior.

Sexual gratification (Non-Sadistic) type (def.)

Rape in response to an intense sexual arousal initiated by stimuli in the environment

Why use sex(ual offending), sexual gratification type

Believe he is socially inept, but can prove himself to be adequate through sex.

Characteristics of sexual gratification type

Day-to-Day life is passive, withdrawn, if victims resists offender runs away, without resistance will continue without much force, usually a stranger that was seen and followed, does not display other antisocial behavior.

Sexual aggressive (sadistic) type (def.)

Violently and aggressively rape due to combination of the assault and rape that occur in an act of rape.

Motivation of sexual aggressive type

Sexual gratification that can only be received through violence and pain.

Difference between displaced aggression/anger type and sexual aggressive type

sexual aggressive type gets sexual satisfaction directly from the aggression, pain and violence while a displaced Agression/anger type just wants to hurt and degrade victim.

Opportunistic rapist (def.)

Engage in spontaneous rape when the opportunity presents itself

Motivation of opportunistic rapist

To take advantage of an opportunity to engage in sex

Relation to sex of opportunistic rapist

The rape takes place with minimal sexual feelings.

Exhibitionism (def.)

the deliberate exposure of the intimate parts to another unsuspecting person to achieve sexual gratification

Motivation of exhibitionism

Sexual gratification, the shock displayed by the unsuspecting viewer

How exhibitionism begins

Exposure as a child along with repeated pairing of memory plus sexual arousal plus masturbation. Reinforcement.

How often is exhibitionism reported

Significantly underreported unless viewer is a child or near children

Voyeurism (def.)

The tendency to gain sexual gratification from observing unsuspecting individuals naked, undressing, or engaging in sexual activity

Sexual excitement of Voyeurism

The victim’s unawareness.

Development of Voyeurism

Learned behavior from being sexually excited during preadolescent of watching unsuspecting woman undress, reinforcement.